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Revised Regulations Ignore Cities’ Concerns on Cannabis Deliveries and More

Nov. 5 is the Deadline for Cities to Submit Comments to the BCC to Voice Opposition

October 22, 2018
Cities’ local reasonable regulatory authority continues to be preempted by the modified proposed regulations the Bureau of Cannabis Control (BCC) released on Oct. 19.
 
The BCC first issued proposed regulations in July that would authorize cannabis businesses to deliver in any local jurisdiction and reduce the amount of time cities have to determine the validity of a cannabis business license.
 
Citing concerns over these provisions, the League submitted comments in July to the BCC on these initial proposed regulations. Unfortunately, but not unexpectedly, the BCC’s modified proposed regulations do nothing to address cities’ concerns.
 
Under the modified proposed regulations, cities would be preempted from not just prohibiting deliveries in their communities, but would be disallowed from regulating deliveries all together.
 
In response on Friday, League Executive Director, Carolyn Coleman made the following statement: “Today, the BCC decided to ignore the concerns of a broad coalition of local government, labor, and law enforcement. The delivery provisions contained in these regulations seek to subvert the intent of the voters who approved Proposition 64. By removing local governments’ reasonable regulatory authority on cannabis deliveries, the BCC is imposing a ‘one size fits all’ form of cannabis regulation. We will continue to fight for cities’ ability to determine whether cannabis is right for their communities.”
 
Next Steps
 
The BCC will accept written comments on the modified proposed regulations until Nov. 5. The League will provide cities with a sample comment letter to communicate concerns over these modified proposed regulations. The League will issue an Action Alert with materials.


 
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